IP – Trademarks and Copyright

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IP rights including but not limited to patents, copyrights, trademark and what exactly shall be protected and how to protect.

Overview of Presentation

  • Applicable Law on IP in Egypt.
  • Trademarks.
  • Copyrights.
  • Patents.
  • Undisclosed Information.
  • Industrial Designs.

Applicable Law on IP in Egypt.

The applicable law governing the protection of the intellectual property in Egypt is the law no. 82/2002 on the Protection of Intellectual Property Rights and its Executive Rules that were issued by the Decree no. 1366/2003 on the Executive Rules of books number one, two and four and Decree no.497/2005 on the Executive Rules of book number three.

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Trademarks

The applicable law governing the protection of the intellectual property in Egypt is the law no. 82/2002 on the Protection of Intellectual Property Rights and its Executive Rules that were issued by the Decree no. 1366/2003 on the Executive Rules of books number one, two and four and Decree no.497/2005 on the Executive Rules of book number three.

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What is the Trademark?

A trademark is any sign distinguishing goods, whether its products or services, including in particular, names represented in a distinctive manner, signatures, words, letters, numbers, drawings, symbols, stamps, seals, a combination of distinctly formed colours and any other combination of these elements if used, or meant to be used, to distinguish the products of a particular industry, agricultural, forest or mining venture or any goods, or to indicate the origin of products or goods, or their quality, category, guarantee, preparation process, or to indicate providing of any service.

In all cases, a trademark must be a sign that is recognizable by sight.

General provisions on Trademarks:

  • If the Trademark is owned by Egyptians, it must be written in Arabic or Arabic and English provided that the Arabic language must be larger and more protruding than the English language as per Law no. 115/1958 on the Necessity of Using the Arabic Language in Letters and Signs in the Arab Republic of Egypt.
  • The well-known trademark is protected in Egypt even if it isn’t registered in Egypt.
  • The Trademark is registered in respect of one or more of the categories of goods produced or intended to be produced.
  • Where two or more persons apply simultaneously for registration of the same trademark or similar trademarks for the same category of products, registration must be suspended until one of the applicants withdraw his application or an enforceable judgment is rendered in favor of any of the applicants.
  • If the trademark is not distinctive, the Trademark Registry Department may notify the applicant by clarifying the trademark to avoid confusion with another trademark and to clarify it within 6 months. The applicant can file an appeal on this decision within 30 days.
  • Any person can apply to review the registered trademarks or obtain copies of its data in the registry.
  • The Trademark ownership can be transferred.
  • The period of the protection of the trademark is 10 years, renewable for the same period. This period can be extended for six months after the date of it’s expiry and if the owner didn’t renew the trademark after this period, the trademark must be removed from the registry.
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The following can’t be registered as a Trademark :

  • Trademarks that don’t have any distinctive character.
  • Any trademark which is contrary to the public order or the morality.
  • Public armorial bearings, flags and other emblems pertaining to the country or any other country, regional or international organizations, as well as any imitations of it.
  • Trademarks which are identical with, or similar to, religious symbols.
  • Symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations of it.
  • The portrait of an individual without his consent.
  • Designations of honorary degrees which the applicant is unable to prove that he/she legitimately have it.

Copyrights

Examples of what can be protected as copyrights?

  • Books, booklets, articles and any other written Works;
  • Computer programs;
  • Databases, whether readable by a computer or otherwise;
  • Lectures, speeches, sermons and any other oral Works when recorded;
  • Photographic;
  • Works of drawings with lines or colors, sculpture, printing on textile and any other similar Works of fine arts;

Protection can also cover the title of the Work if it is inventive.

Protection must not cover mere ideas, procedures, systems, operational methods, concepts, principles and discoveries, even when its expressed or described or illustrated or included in a Work.

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To what extent the copyrights are granted?

The Author and his successors literary property is perpetual imprescriptible and inalienable. Such rights include the right to prevent any modification considered by the Author as distortion or mutilation of the Work.

The Author can transfer all or part of his economic rights to a third party.

Where serious reasons arise, the Author alone has the right to request the Court of First Instance to prevent putting the Work in circulation, withdraw the Work from circulation or allow making a substantive modifications to the Work, even if the Author made any disposal in the Work’s economic rights. In such a case, the Author can, within a period set by the court, pay in advance a fair compensation to the person authorized to exercise the economic rights of the Work.

The Author cannot, after the publication of his Work, prevent third parties from performing any of the following acts:

Perform the Work in family context or students gathering within an educational institution as long as this is free of charge also at different septet accusations.

Make a single copy of the Work for the exclusive personal use.

Make an analysis of the Work, or excerpts or take a quotations, for the purpose of criticism, discussion.

Reproduction of protected Works for the use in legal or administrative proceedings, in as much as required by such proceedings.

Making a single copy of the Work, through National Library and Archives or non-profit library.

Protection period of the Copyrights:

The Author and his successors literary property is perpetual imprescriptible and inalienable.

While the Author’s economic rights are as the following:

  • The Author economic rights is protected throughout the life time of the Author and for 50 years from the date of his death.
  • The economic rights relating to a Work published anonymously or under a nickname is protected for a period of 50 years from the date on which the Work was published or made available to the public for the first time, whichever occurs later.

Patents

What are the Patents?

A patent is granted to any industrially applicable invention, which is new, involves an inventive step, whether connected with new industrial products, new industrial processes, or a new application of known industrial processes or any modification, improvement or addition to an existing patent, which meets the criteria of being new, inventive and industrially applicable.

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Patents cannot be granted for:

  • Inventions whose exploitation is likely to be contrary to public order or morality, or harmful to the environment, human, animal or plant.
  • Discoveries, scientific theories, mathematical methods and schemes.
  • Diagnostic, therapeutic and surgical methods for humans and animals.
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General Provisions on the Patents:

  • The employer have all the rights to the inventions discovered by the employee during the period of the employment, as long as the invention falls within the scope of the employment relationship.
  • The name of the inventor must be mentioned in the patent, and he must be remunerated in all cases by the employer.
  • In all cases, the invention must be attributed to the inventor.
  • The protection period of the Patents: is 20 years from the protection application date.

Undisclosed Information

Undisclosed information can be protected if they meet the following criteria:

  • Information which is confidential, in the sense that it is not generally known or common among those involved in the industrial field.
  • Information that has commercial value because it is confidential.
  • Information that depends on the effective measures taken by the person lawfully in control of it, to keep it confidential.
  • Also, any information that can be exploited for the management of a company or information has that a value and a confidential nature sufficient to give actual or potential commercial advantage to third parties is considered Undisclosed Information.

Examples of the Undisclosed Information:

  • The Formula of Pepsi
  • KFC Chicken Recipe
  • The Big Mac Special Sauce Recipe

Industrial Designs

What is the Industrial Designs?

An industrial design is any composition of lines or any three-dimensional form whether or not associated with colors provided that such composition or form is new and industrially applicable.

The Industrial Design is the shape of these goods.

The protection period of the Industrial Designs is 10 years.

The use by a third party of a protected Industrial Design in any of the following isn’t a breach of the IP law:

Activities relating to scientific research.

The use for teaching and training purposes.

Non-commercial activities.

Industrial Design

Examples of the Industrial Designs:

  • Coca-Cola bottle.
  • iPod.
  • Volkswagen Beetle.
  • Jeep.

Final Advice!

Always make sure that you don’t waste your hard work by registering your Intellectual Property rights.

Property Rights

Always consult a lawyer in registering your Intellectual Property rights and ask what can be registered.

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